Right to fair trial outweighs public's right to know

3:22 AM,
Oct. 23, 2013

David Raybin

Written by

David L. Raybin and Victor S. (Torry) Johnson III

The Oct. 18 Tennessean editorial regarding four former Vanderbilt football players accused of rape suggests that the pursuit of truth may be "undermined" by restrictions in the disclosure of evidence.

These are fair concerns, and the paper asks legitimate questions. Thus, we deemed it appropriate that a defense attorney unconnected to the case and the Davidson County district attorney jointly address why the law imposes limitations on what the prosecution may disclose in advance of a jury trial.

Years ago, there was virtually no obligation of the government to disclose evidence to the ...